There may be mistakes in a deed, even though this is something we want to prevent whenever possible. Common problems include:
- Misspellings.
- Errors in the legal property description of the property.
- Flaws in the property’s title.
- Errors in the property’s address.
Errors can also occur regarding the type of co-ownership that was chosen. The error could also be due to how the deed was executed, such as when the incorrect form of notary acknowledgment was used or when all parties failed to sign the deed appropriately.
If you discover an error in your deed, you need to move quickly to make the necessary changes to rectify the situation. If you put off making the fixes, you could run into problems in the future with the transfer of your property.
When a deed has yet to be recorded, it is simple to rectify any errors that have been made. You would rewrite the language of your deed before it is recorded to correct the error that was made in it. On the other hand, if the deed has already been recorded, you will need to use a document referred to as a correction deed.
What is a Correction Deed?
A correction deed, also known as a rectification deed, is a document executed between parties to rectify an error made in the primary deed. There must have been an honest mistake made, as the original deed does not accurately reflect the intentions of the people involved in the deed.
Only factual matters should be affected by inaccuracy. It is not acceptable for there to be a legal oversight. After obtaining the consent of all parties to the primary deed, it is appropriate to draft and record a correction deed.
When to Issue a Correction Deed?
The objective of a rectification deed is to amend incorrect information or factual inaccuracies such as misspellings, property descriptions, and typographical errors such as the incorrect survey number, area of the property, or measurements.
A correction deed must be drawn up whenever the original deed document contains an error in either the owner details or the recorded property details. However, rectification deeds cannot correct jurisdictional errors or legal issues such as incorrect stamp duty costs or selecting the incorrect sub-registrar office.
The rectification deed will only be valid in the following situations:
- The previous deed contains an error that is factually accurate and does not reflect the intentions of the parties to the deed;
- The error was made by accident;
- All parties agree that the changes should be made to rectify the principal deed.
Correction Deed Example
It is necessary to use a correction deed in several situations. When you study your deed, for instance, you can see a typo in the spelling of your name. Or you discover that your spouse’s name and marital status were left off the form. Another typical occurrence is a typing error in the official description of the piece of property being purchased. These scenarios are examples of situations where you would be required to employ a rectification deed to make changes to the first deed.
On the other hand, the definition of what constitutes a minor error is open to interpretation and varies from state to state. There are several circumstances in which the state in which you reside will compel you to record a whole new deed. Some examples involve making significant alterations to the deed. There may be a change in the land description, or there may have been an error in the original deed concerning the warranty or the covenants.
These are situations in which a corrected deed may not be enough. You will need to start from scratch by recording a new deed. Get in touch with a professional at Quick Deeds to receive the most accurate information and sound advice.
FAQs
Q: I’ve made a typo on a deed. How do I correct it?
Answer: Do not be alarmed if you discover your deed has an error or a typo. You can rectify typos or clerical errors using a correction deed, including misspellings. To your good fortune, most states provide you with an uncomplicated option to modify your initial deed so that you do not have to record a new one.
Q: Can all errors be corrected through a correction deed?
Answer: A correction deed might invalidate property documents, but only if the documents contain factual inaccuracies. It is not possible to invalidate legal blunders by using a rectification document. Through the use of the repair deed, it is impossible to alter the original deed’s fundamental characteristics.
Q: What is an ideal correction deed format?
Answer: The personal information of the individuals involved, specifics of the original deed, and an explanation of the problem should all be included in an ideal corrected deed format. In addition, the parties involved should make a public commitment to ensure that the document’s character has not been altered.
Q: Are there any conditions for creating a correction deed?
Answer: A rectification deed cannot be drafted unless it can first be established that the error in the primary document was made unintentionally and that all parties to the original contract agreement with the modifications being suggested.
Q: Are there any time constraints to the correction deed?
Answer: Executing a rectification or correction deed is not subject to any time constraints. A correction deed may be carried out if an error is discovered at any point in time. On the other hand, it is strongly suggested that the error be fixed as soon as the persons involved become aware of it. There may arise a situation where it will be necessary to rectify that specific error. The longer it takes the parties to cancel out the error, the more difficult it may become to rectify the situation.
The Bottom Line
You should review all the papers related to your estate planning, including your property deeds. Even though you would probably prefer not to uncover any problems, you sometimes may. If you find any errors or typos, you must correct them as soon as possible. You’ll need to hire a correction deed attorney and get your estate plan fixed immediately.